The Board denied a higher rating for the veteran's degenerative joint and disc disease of the lumbosacral spine, but granted separate ratings for radiculopathy in each lower extremity.
The deciding factor: The VA determined that the evidence did not support a higher rating based on the criteria under Diagnostic Codes 5237 and 5243. The veteran's symptoms were considered to be within the range of normal flexion, extension, lateral flexion, and rotation without muscle spasm or guarding severe enough to result in abnormal gait.
- Claimed conditions
- Degenerative Joint and Disc Disease of the Lumbosacral Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 6, 2008
- Citation
- 0818719
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0818719.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran's right thumb disability is rated at 30% effective October 31, 2011. The spine condition remains under review.
- Denied
The Board found no evidence of a chronic low back disorder related to service and denied the veteran's claim for service connection.
- Granted
The veteran's service-connected low back disability is currently rated at 40 percent, and the Board has determined that a higher initial rating of 60 percent is warranted.
- Granted
The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a portion of the veteran's current low back strain. The VA physician's opinion supports this finding, linking it to in-service complaints. However, no other diagnosed back disorders are considered related to service.
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